United States Second Circuit

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Arch Trading Corp. v. Republic of Ecuador, 15-2065

In a suit brought by five companies against the Republic of Ecuador and two of its instrumentalities for claims arising out of the Ecuadorean government's alleged seizure of a number of the companies' assets in Ecuador beginning in July 2008, the district court's dismissal for want of subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA) is affirmed where: 1) the plaintiffs cannot invoke the FSIA's takings exception to sovereign immunity because the instrumentalities are not 'engaged in a commercial activity in the United States,' see 28 U.S.C. section 1605(a)(3); and 2) the activities of various subsidiaries and separate entities are not imputable to them in light of the presumption of legal separateness established in First National City Bank v. Banco Para el Comercio Exterior de Cuba, 462 U.S. 611 (1983).

Appellate Information

  • Decided
  • Published 2016/10/14




  • United States Second Circuit